V.Shanmugathai vs K.S.Subramnian
2023 Latest Caselaw 7570 Mad

                                                                                  S.A.No.866 of 2003

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 04.07.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                S.A.No.866 of 2003
                                                       and
                                              C.M.P.No.13514 of 2003


                 1.V.Shanmugathai
                 2.Aruna                                                  ... Appellants

                                                         -Vs-
                 1.K.S.Subramnian
                 2.Marimuthu
                 3.Durairaj
                 4.Saraswathi                                             ....Respondents
                 PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure,
                 against the judgment and decree dated 17.07.2002 passed by the larned Principal
                 Sessions Judge, Tirunelveli in A.S.No.300 of 2001 confirming the judgment and
                 decree dated 18.07.2001 passed by the Principal Sub-Judge, Tenkasi in O.S.No.
                 162 of 1999.


                                      For Appellants    : No appearance
                                      For Respondents : No appearance



                 1/4

https://www.mhc.tn.gov.in/judis
                                                                                 S.A.No.866 of 2003




                                                     JUDGMENT

When C.M.P(MD)No.13514 of 2003 was taken up for hearing on

23.06.2023, there was no representation for the petitioner and this Court directed

the registry to list the C.M.P(MD)No.13514 of 2003 along with second appeal in

S.A.No.866 of 2003 on 04.07.2023 under the caption 'for dismissal'. Today also,

there is no representation for the appellants and the first respondents died and

steps not taken. The appeal is in the year 2003. Despite sufficient opportunity

given to the appellants, the appellants have not come forward to prosecute the

appeal. Therefore, this Second Appeal along with Civil Miscellaneous Petition are

dismissed for non-prosecution with costs of Rs.1,00,000/- (Rupees One Lakh

only) payable by the appellants to the Registry. In case the appellants have filed

any application to restore the appeal, Registry is directed not to take the

application on file unless the appellant deposit the said amount imposed by this

Court.

                 NCC      : Yes/No
                 Index : Yes / No                                        04.07.2023
                 Internet : Yes / No
                 am

https://www.mhc.tn.gov.in/judis S.A.No.866 of 2003

To

1.The Sessions Judge, Tirunelveli.

2.The Principal Sub-Judge, Tenkasi.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.866 of 2003

P.VELMURUGAN, J.

am

S.A.No.866 of 2003 and C.M.P.No.13514 of 2003

04.07.2023

https://www.mhc.tn.gov.in/judis